[cc-community] non-commercial use questions

Lloyd cc at phizz.demon.co.uk
Tue Apr 29 02:35:57 EDT 2008


drew Roberts wrote:
> On Sunday 27 April 2008 09:38:07 Nic Suzor wrote:
>> On Sun, 2008-04-27 at 11:07 +0200, Jamison Young wrote:
>>> http://wiki.creativecommons.org/DiscussionDraftNonCommercial_Guidelines
>>>
>>>
>>> -Songwriter makes song and puts that song on their website with a
>>> non-commercial creative commons licenses. Video maker finds the song
>>> and makes a video using the songwriters song. Video maker puts the
>>> video onto a web service that generates its income through advertising
>>> revenue. In the terms and conditions that the video maker agrees to
>>> when they upload that video to that web service -the video maker
>>> agrees that no royalty shall be paid to the video maker when the web
>>> service uses the video makers video in conjunction with advertising.
>> Clearly not non-commercial - the web service is in breach of the
>> licence, if they are using the song under the terms of that licence. If,
>> on the other hand, the filmmaker has allowed the web service to use the
>> video under another licence, the filmmaker is in breach of the CC
>> licence on the song.
> 
> So, no NC licensed songs allowed in videos on YouTube?
> 

Or on MySpace.

> I have had a hard day and may not be thinking too clearly, but would anyone 
> care to spell out how this is wildly different from a copy shop making copies 
> of an NC bool at the request of a person who must then pay the shop who makes 
> a profit?

I don't think it differs at all. Clearly the person using the work is 
the owner of the website account not the website hosting service.


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